Hanauer Ex Rel. Wogahn v. Siegel

HOLLY, District Judge.

Plaintiff has propounded certain interrogatories which defendant has failed to answer averring that it is not informed and therefore cannot answer the questions. Plaintiff because of failure of defendant to answer is asking for a summary judgment. I am of the opinion that where the plaintiff makes a request for admissions under Rule 36, Rules of Civil Procedure for District Courts, 28 U.S.C.A. following section 723c, the defendant must answer even though he has no personal knowledge if the means of information are within his power. It is not sufficient that he does not…